United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-817

Source excerpt

annexationcompetitive biddingconfidentialitydepreciationdisposaldispute resolutionelectric serviceelectric service transferelectric utilityelectric utility asset transferelectric utility costselectric utility infrastructureelectric utility serviceequipment transferfacility transferfacility valuationinformation useinventoryinventory preparationliability allocationmunicipal annexationmunicipal electric servicemunicipal utility initiationnon-disclosure agreementregulatory accountingreimbursementtax consequencestestingtitle transferutility reimbursement

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Electric utility service in annexed area -- Reimbursement for value of facilities -- Liability -- Arbitration. As used in this section: "Commission" means the Public Service Commission established in Section 54-1-1 . "Current replacement”

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Electric utility service in annexed area -- Reimbursement for value of facilities -- Liability -- Arbitration.

Section 10-2-817

Subsection 10-2-817(2)(a)

A municipality may not provide municipal electric service in an annexed area, unless it has the electrical corporation’s agreement, until it reimburses the corporation for the value of facilities used to serve the area.

Section 10-2-817(2)(a)

Subsection 10-2-817(5)(a)(iii)

Section 10-2-817(5)(a)(iii)

Subsection 10-2-817(6)(a)(i)

Proceed with the facility transfer and reimbursement based on the submitted inventory, following Subsection (3)(c) and the schedule in Subsection (3)(e).

Section 10-2-817(6)(a)(i)

Subsection 10-2-817(10)

This section applies to any annexation under this part.

Section 10-2-817(10)

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Showing 89 of 89 provisions

Provision 87Commencement 2

Part 10-2-8

part 10-2-8 Annexation

§ 10-2-817Electric utility service in annexed area -- Reimbursement for value of facilities -- Liability -- Arbitration.Commencement

Source excerpt

Electric utility service in annexed area -- Reimbursement for value of facilities -- Liability -- Arbitration. As used in this section: "Commission" means the Public Service Commission established in Section 54-1-1 . "Current replacement cost" means the cost the transferring party would incur to construct the facility at the time of transfer using the transferring party's: standard estimating rates and standard construction methodologies for the facility; and standard estimating process. "Depreciation" means an amount calculated: based on: the life and depreciation mortality curve most recently set for the type of facility in the depreciation rates set by the commission or other governing regulatory authority for the electrical corporation; or a straight-line depreciation rate that represents the expended life if agreed to by the transferring and receiving parties; and to include the gross salvage value of the type of facility based on the latest depreciation life approved by the commission or other governing regulatory authority for the electrical corporation, with a floor at the gross salvage value of the asset and in no case less than zero. "Electrical corporation" means: an entity as defined in Section 54-2-1 ; or an improvement district system described in Subsection 17B-2a-403(1)(a)(iv) . "Facility" means electric equipment or infrastructure used to serve an electric customer, above ground or underground, including: a power line, transformer, switch gear, pole, wire, guy anchor, conductor, cable, or other related equipment; or a right-of-way, easement, or any other real property interest or legal right or interest used to operate and maintain the electric equipment or infrastructure. "Facility transfer" means the transfer of a facility from a transferring party to a receiving party in accordance with Subsection (3) . "Lost or stranded facility" means a facility that is currently used by a transferring party that will no longer be used, whether in whole or in part, as a result of a facility transfer. "Receiving party" means a municipality or electrical corporation to whom a facility is transferred. "Transferring party" means a municipality or electrical corporation that transfers a facility. If an electric customer in an area being annexed by a municipality receives electric service from an electrical corporation that is not an improvement district system described in Subsection 17B-2a-403(1)(a)(iv) , the municipality may not, without the agreement of the electrical corporation, furnish municipal electric service to any electric customer in the annexed area until the municipality has reimbursed the electrical corporation for the value of each facility used to serve any electric customer within the annexed area, including the value of any facility owned by a wholesale electric cooperative affiliated with the electrical corporation, dedicated to provide service to the annexed area. If an electric customer in an area being annexed by a municipality receives electric service from an electrical corporation that is an improvement district system described in Subsection 17B-2a-403(1)(a)(iv) , the municipality may not, without the agreement of the electrical corporation, furnish municipal electric service to the electric customer until the municipality has reimbursed the electric corporation for the value of the facility used to serve the electric customer within the annexed area. The following procedures apply if a municipality transfers a facility to an electrical corporation in accordance with Section 10-8-14 or if an electrical corporation transfers a facility to a municipality in accordance with Subsection (2) , Section 54-3-30 , or 54-3-31 : the transferring party shall provide a written estimate of the transferring party's cost of preparing the inventory required in Subsection (3)(c) to the receiving party no later than 60 days after the date of notice from the receiving party; the receiving party shall pay the estimated cost of preparing the inventory to the transferring party no later than 60 days after the day that the receiving party receives the written estimate; or if the actual cost of preparing the inventory differs from the estimated cost, the transferring party shall include the difference between the actual cost and the estimated cost in the reimbursement described in Subsection (5) ; except as provided in Subsection (3)(f) , the transferring party shall prepare, in accordance with Subsection (4) , and deliver the inventory to the receiving party no later than 180 days after the day that the transferring party receives the payment specified in Subsection (3)(b) ; at any time, the parties may by agreement correct or update the inventory; or if the parties are unable to reach an agreement on an updated inventory, they shall: proceed with the facility transfer and reimbursement based on the inventory as submitted in accordance with Subsection (3)(c) ; and resolve their dispute as provided in Subsection (6) ; except as provided in Subsection (3)(f) , the parties shall complete each facility transfer and reimbursement contemplated by this Subsection (3) no later than 180 days after the date that the transferring party delivers the inventory to the receiving party in accordance with Subsection (3)(c) ; and the periods specified in Subsections (3)(c) and (e) may be extended for up to an additional 90 days by agreement of the parties. The inventory prepared by a transferring party in accordance with Subsection (3)(c) shall include an identification of each facility to be transferred and the amount of reimbursement as provided in Subsection (5) . The transferring party may not include in the inventory a facility that the transferring party removed from service for at least 36 consecutive months prior to the date of the inventory, unless the facility was taken out of service as a result of an action by the receiving party. Unless otherwise agreed by the parties, the reimbursement for the transfer of each facility shall include: the cost of preparing the inventory as provided in Subsection (3)(b) ; subject to Subsection (5)(b)(i) , the value of each transferred facility calculated by the current replacement cost of the facility less depreciation based on facility age; the cost incurred by the transferring party for: the physical separation of each facility from its system, including the cost of any facility constructed or installed that is necessary for the transferring party to continue to provide reliable electric service to its remaining customers; administrative, engineering, and record keeping expenses incurred by the transferring party for the transfer of each facility to the receiving party, including any difference between the actual cost of preparing the inventory and the estimated cost of preparing the inventory; and reimbursement for any tax consequences to the transferring party resulting from each facility transfer; the value of each lost or stranded facility of the transferring party based on the valuation formula described in Subsection (5)(a)(ii) or as otherwise agreed by the parties; the diminished value of each transferring party facility that will not be transferred based on the percentage of the facility that will no longer be used as a result of the facility transfer; and the transferring party's book value of a right-of-way or easement transferred with each facility. The receiving party may review the estimation of the current replacement costs of each facility, including the wage rates, material costs, overhead assumptions, and other pricing used to establish the estimation of the current replacement costs of the facility. Prior to reviewing the estimation, the receiving party shall enter into a nondisclosure agreement acceptable to the transferring party. The nondisclosure agreement shall restrict the use of the information provided by the transferring party solely for the purpose of reviewing the estimation of the current replacement cost and preserve the confidentiality of the information to prevent any effect on a competitive bid received by either party. If the age of a facility may be readily determined by the transferring party, the transferring party shall use that age to determine the facility's depreciation. If the age of a facility cannot be readily determined, the transferring party shall estimate the age of the facility based on the average remaining life approved for the same type of facility in the most current depreciation rates set by the commission or other governing regulatory authority for the electrical corporation. A transferring party that transfers a facility in accordance with this section shall, upon delivery of a document conveying title to the receiving party, transfer the facility without any express or implied warranties. A receiving party that receives a facility in accordance with this section shall, upon receipt of a document conveying title, accept the facility in its existing condition and assume any and all liability, fault, risk, or potential loss arising from or related to the facility. Notwithstanding Subsection (5)(c)(i) , if, within six months after the date that any oil filled equipment is transferred, the receiving party discovers that a transferred oil filled equipment contains polychlorinated biphenyl, the transferring party shall reimburse the receiving party for the cost of testing and disposal of that oil filled equipment. If the parties cannot agree on each facility to be transferred or the respective reimbursement amount, the parties shall: proceed with the facility transfer and the reimbursement based on the inventory as submitted by the transferring party in accordance with Subsection (3)(c) and in accordance with the schedule provided in Subsection (3)(e) ; and submit the dispute for mediation or arbitration. The parties shall share equally in the costs of mediation or arbitration. If the parties are unable to resolve the dispute through mediation or arbitration, either party may bring an action in the state court of jurisdiction. The arbitrator, or state court if the parties cannot agree on arbitration, shall determine each facility to be transferred and the amount to be reimbursed in accordance with Subsection (5) . If the arbitrator or state court determines that: a transferring party transferred a facility that should not have been transferred, the receiving party shall return the facility; a party did not transfer a facility that should have been transferred, the party that should have transferred the facility shall transfer the facility to the party to whom the facility should have been transferred; the amount reimbursed by the receiving party is insufficient, the receiving party shall pay the difference to the transferring party; or the amount reimbursed by the receiving party is more than the amount that should have been reimbursed, the transferring party shall pay the difference to the receiving party. Unless otherwise agreed upon in writing by the parties: a party shall transfer a facility to be transferred in accordance with Subsection (6)(e) no later than 60 days after the day that the arbitrator or court issues a determination unless the parties mutually agree to a longer time to complete the transfer; and a party shall: pay an amount required to be paid in accordance with Subsection (6)(e) no later than 30 days after the day that the arbitrator or court issues a determination; and include interest in the payment at the overall rate of return on the rate base most recently authorized by the commission or other governing regulatory agency for the electrical corporation from the date the reimbursement was originally paid until the difference is paid. Nothing in this section limits the availability of other damages under law arising by virtue of an agreement between the municipality and the electrical corporation. Notwithstanding Subsection (8)(a) , a party described in this section is not entitled to an award for: damages that are indirect, incidental, punitive, exemplary, or consequential; lost profits; or other business interruption damages. Nothing in this section or Section 10-8-14 , 54-3-30 , or 54-3-31 applies to a transfer of facilities from an electrical corporation to a municipality in accordance with a decision by a municipality that did not previously provide electric service and seeks to commence providing electric service to a customer currently served by an electrical corporation within the municipal boundary. The provisions of this section apply to any annexation under this part.

Section 10-2-817Verify source

§ 10-2-817(1)Subsection 10-2-817(1)Provision

Source excerpt

This subsection defines several terms used in the section, including Commission, current replacement cost, depreciation, electrical corporation, facility, facility transfer, lost or stranded facility, receiving party, and transferring party.

As used in this section: "Commission" means the Public Service Commission established in Section 54-1-1 . "Current replacement cost" means the cost the transferring party would incur to construct the facility at the time of transfer using the transferring party's: standard estimating rates and standard construction methodologies for the facility; and standard estimating process. "Depreciation" means an amount calculated: based on: the life and depreciation mortality curve most recently set for the type of facility in the depreciation rates set by the commission or other governing regulatory authority for the electrical corporation; or a straight-line depreciation rate that represents the expended life if agreed to by the transferring and receiving parties; and to include the gross salvage value of the type of facility based on the latest depreciation life approved by the commission or other governing regulatory authority for the electrical corporation, with a floor at the gross salvage value of the asset and in no case less than zero. "Electrical corporation" means: an entity as defined in Section 54-2-1 ; or an improvement district system described in Subsection 17B-2a-403(1)(a)(iv) . "Facility" means electric equipment or infrastructure used to serve an electric customer, above ground or underground, including: a power line, transformer, switch gear, pole, wire, guy anchor, conductor, cable, or other related equipment; or a right-of-way, easement, or any other real property interest or legal right or interest used to operate and maintain the electric equipment or infrastructure. "Facility transfer" means the transfer of a facility from a transferring party to a receiving party in accordance with Subsection (3) . "Lost or stranded facility" means a facility that is currently used by a transferring party that will no longer be used, whether in whole or in part, as a result of a facility transfer. "Receiving party" means a municipality or electrical corporation to whom a facility is transferred. "Transferring party" means a municipality or electrical corporation that transfers a facility.

Section 10-2-817(1)Verify source

§ 10-2-817(1)(a)Subsection 10-2-817(1)(a)Provision

Source excerpt

“Commission” means the Public Service Commission established in Section 54-1-1.

"Commission" means the Public Service Commission established in Section 54-1-1 .

Section 10-2-817(1)(a)Verify source

§ 10-2-817(1)(b)Subsection 10-2-817(1)(b)Provision

Source excerpt

"Current replacement cost" means the cost the transferring party would incur to construct the facility at the time of transfer using the party’s standard estimating rates, standard construction methodologies, and standard estimating process.

"Current replacement cost" means the cost the transferring party would incur to construct the facility at the time of transfer using the transferring party's: standard estimating rates and standard construction methodologies for the facility; and standard estimating process.

Section 10-2-817(1)(b)Verify source

§ 10-2-817(1)(b)(i)Subsection 10-2-817(1)(b)(i)Provision

Source excerpt

standard estimating rates and standard construction methodologies for the facility; and

Section 10-2-817(1)(b)(i)Verify source

§ 10-2-817(1)(b)(ii)Subsection 10-2-817(1)(b)(ii)Provision

Source excerpt

standard estimating process.

Section 10-2-817(1)(b)(ii)Verify source

§ 10-2-817(1)(c)Subsection 10-2-817(1)(c)Provision

Source excerpt

This provision defines “Depreciation” for an electrical corporation facility, using commission-set depreciation rates or an agreed straight-line rate, and requires the result to include gross salvage value while not going below zero.

"Depreciation" means an amount calculated: based on: the life and depreciation mortality curve most recently set for the type of facility in the depreciation rates set by the commission or other governing regulatory authority for the electrical corporation; or a straight-line depreciation rate that represents the expended life if agreed to by the transferring and receiving parties; and to include the gross salvage value of the type of facility based on the latest depreciation life approved by the commission or other governing regulatory authority for the electrical corporation, with a floor at the gross salvage value of the asset and in no case less than zero.

Section 10-2-817(1)(c)Verify source

§ 10-2-817(1)(c)(i)Subsection 10-2-817(1)(c)(i)Provision

Source excerpt

based on: the life and depreciation mortality curve most recently set for the type of facility in the depreciation rates set by the commission or other governing regulatory authority for the electrical corporation; or a straight-line depreciation rate that represents the expended life if agreed to by the transferring and receiving parties; and

Section 10-2-817(1)(c)(i)Verify source

§ 10-2-817(1)(c)(i)(A)Subsection 10-2-817(1)(c)(i)(A)Provision

Source excerpt

the life and depreciation mortality curve most recently set for the type of facility in the depreciation rates set by the commission or other governing regulatory authority for the electrical corporation; or

Section 10-2-817(1)(c)(i)(A)Verify source

§ 10-2-817(1)(c)(i)(B)Subsection 10-2-817(1)(c)(i)(B)Provision

Source excerpt

a straight-line depreciation rate that represents the expended life if agreed to by the transferring and receiving parties; and

Section 10-2-817(1)(c)(i)(B)Verify source

§ 10-2-817(1)(c)(ii)Subsection 10-2-817(1)(c)(ii)Provision

Source excerpt

to include the gross salvage value of the type of facility based on the latest depreciation life approved by the commission or other governing regulatory authority for the electrical corporation, with a floor at the gross salvage value of

Section 10-2-817(1)(c)(ii)Verify source

§ 10-2-817(1)(d)Subsection 10-2-817(1)(d)Provision

Source excerpt

“Electrical corporation” means an entity defined in Section 54-2-1 or an improvement district system described in Subsection 17B-2a-403(1)(a)(iv).

"Electrical corporation" means: an entity as defined in Section 54-2-1 ; or an improvement district system described in Subsection 17B-2a-403(1)(a)(iv) .

Section 10-2-817(1)(d)Verify source

§ 10-2-817(1)(d)(i)Subsection 10-2-817(1)(d)(i)Provision

Source excerpt

This text refers to an entity defined in Section 54-2-1.

an entity as defined in Section 54-2-1 ; or

Section 10-2-817(1)(d)(i)Verify source

§ 10-2-817(1)(d)(ii)Subsection 10-2-817(1)(d)(ii)Provision

Source excerpt

an improvement district system described in Subsection 17B-2a-403(1)(a)(iv) .

Section 10-2-817(1)(d)(ii)Verify source

§ 10-2-817(1)(e)Subsection 10-2-817(1)(e)Provision

Source excerpt

“Facility” means electric equipment or infrastructure used to serve an electric customer, including specified equipment and related property rights.

"Facility" means electric equipment or infrastructure used to serve an electric customer, above ground or underground, including: a power line, transformer, switch gear, pole, wire, guy anchor, conductor, cable, or other related equipment; or a right-of-way, easement, or any other real property interest or legal right or interest used to operate and maintain the electric equipment or infrastructure.

Section 10-2-817(1)(e)Verify source

§ 10-2-817(1)(e)(i)Subsection 10-2-817(1)(e)(i)Provision

Source excerpt

a power line, transformer, switch gear, pole, wire, guy anchor, conductor, cable, or other related equipment; or

Section 10-2-817(1)(e)(i)Verify source

§ 10-2-817(1)(e)(ii)Subsection 10-2-817(1)(e)(ii)Provision

Source excerpt

a right-of-way, easement, or any other real property interest or legal right or interest used to operate and maintain the electric equipment or infrastructure.

Section 10-2-817(1)(e)(ii)Verify source

§ 10-2-817(1)(f)Subsection 10-2-817(1)(f)Provision

Source excerpt

“Facility transfer” means transferring a facility from a transferring party to a receiving party under Subsection (3).

"Facility transfer" means the transfer of a facility from a transferring party to a receiving party in accordance with Subsection (3) .

Section 10-2-817(1)(f)Verify source

§ 10-2-817(1)(g)Subsection 10-2-817(1)(g)Provision

Source excerpt

This subsection defines “lost or stranded facility.”

"Lost or stranded facility" means a facility that is currently used by a transferring party that will no longer be used, whether in whole or in part, as a result of a facility transfer.

Section 10-2-817(1)(g)Verify source

§ 10-2-817(1)(h)Subsection 10-2-817(1)(h)Provision

Source excerpt

“Receiving party” means a municipality or electrical corporation that receives a transferred facility.

"Receiving party" means a municipality or electrical corporation to whom a facility is transferred.

Section 10-2-817(1)(h)Verify source

§ 10-2-817(1)(i)Subsection 10-2-817(1)(i)Provision

Source excerpt

“Transferring party” means a municipality or electrical corporation that transfers a facility.

"Transferring party" means a municipality or electrical corporation that transfers a facility.

Section 10-2-817(1)(i)Verify source

§ 10-2-817(2)Subsection 10-2-817(2)Provision

Source excerpt

A municipality may not provide municipal electric service in an annexed area to certain customers unless the electrical corporation agrees and the municipality has reimbursed the required facility value.

If an electric customer in an area being annexed by a municipality receives electric service from an electrical corporation that is not an improvement district system described in Subsection 17B-2a-403(1)(a)(iv) , the municipality may not, without the agreement of the electrical corporation, furnish municipal electric service to any electric customer in the annexed area until the municipality has reimbursed the electrical corporation for the value of each facility used to serve any electric customer within the annexed area, including the value of any facility owned by a wholesale electric cooperative affiliated with the electrical corporation, dedicated to provide service to the annexed area. If an electric customer in an area being annexed by a municipality receives electric service from an electrical corporation that is an improvement district system described in Subsection 17B-2a-403(1)(a)(iv) , the municipality may not, without the agreement of the electrical corporation, furnish municipal electric service to the electric customer until the municipality has reimbursed the electric corporation for the value of the facility used to serve the electric customer within the annexed area.

Section 10-2-817(2)Verify source

§ 10-2-817(2)(a)Subsection 10-2-817(2)(a)Provision

Source excerpt

Section 10-2-817(2)(a)Verify source

§ 10-2-817(2)(b)Subsection 10-2-817(2)(b)Provision

Source excerpt

A municipality may not provide municipal electric service to certain annexed-area customers unless it has the electrical corporation’s agreement and has reimbursed the corporation for the facility value used to serve the customer.

If an electric customer in an area being annexed by a municipality receives electric service from an electrical corporation that is an improvement district system described in Subsection 17B-2a-403(1)(a)(iv) , the municipality may not, without the agreement of the electrical corporation, furnish municipal electric service to the electric customer until the municipality has reimbursed the electric corporation for the value of the facility used to serve the electric customer within the annexed area.

Section 10-2-817(2)(b)Verify source

§ 10-2-817(3)Subsection 10-2-817(3)Provision

Source excerpt

When a municipality and an electrical corporation transfer a facility under the cited procedures, the transferring party must give a written inventory-cost estimate, the receiving party must pay that estimate, the transferring party must prepare and deliver the inventory, and the parties may adjust the inventory or extend certain time periods by agreement.

The following procedures apply if a municipality transfers a facility to an electrical corporation in accordance with Section 10-8-14 or if an electrical corporation transfers a facility to a municipality in accordance with Subsection (2) , Section 54-3-30 , or 54-3-31 : the transferring party shall provide a written estimate of the transferring party's cost of preparing the inventory required in Subsection (3)(c) to the receiving party no later than 60 days after the date of notice from the receiving party; the receiving party shall pay the estimated cost of preparing the inventory to the transferring party no later than 60 days after the day that the receiving party receives the written estimate; or if the actual cost of preparing the inventory differs from the estimated cost, the transferring party shall include the difference between the actual cost and the estimated cost in the reimbursement described in Subsection (5) ; except as provided in Subsection (3)(f) , the transferring party shall prepare, in accordance with Subsection (4) , and deliver the inventory to the receiving party no later than 180 days after the day that the transferring party receives the payment specified in Subsection (3)(b) ; at any time, the parties may by agreement correct or update the inventory; or if the parties are unable to reach an agreement on an updated inventory, they shall: proceed with the facility transfer and reimbursement based on the inventory as submitted in accordance with Subsection (3)(c) ; and resolve their dispute as provided in Subsection (6) ; except as provided in Subsection (3)(f) , the parties shall complete each facility transfer and reimbursement contemplated by this Subsection (3) no later than 180 days after the date that the transferring party delivers the inventory to the receiving party in accordance with Subsection (3)(c) ; and the periods specified in Subsections (3)(c) and (e) may be extended for up to an additional 90 days by agreement of the parties.

Section 10-2-817(3)Verify source

§ 10-2-817(3)(a)Subsection 10-2-817(3)(a)Provision

Source excerpt

The transferring party must give the receiving party a written estimate of the cost of preparing the inventory, no later than 60 days after notice from the receiving party.

the transferring party shall provide a written estimate of the transferring party's cost of preparing the inventory required in Subsection (3)(c) to the receiving party no later than 60 days after the date of notice from the receiving party;

Section 10-2-817(3)(a)Verify source

§ 10-2-817(3)(b)Subsection 10-2-817(3)(b)Provision

Source excerpt

The receiving party must pay the estimated inventory-preparation cost to the transferring party within 60 days after receiving the written estimate.

the receiving party shall pay the estimated cost of preparing the inventory to the transferring party no later than 60 days after the day that the receiving party receives the written estimate; or if the actual cost of preparing the inventory differs from the estimated cost, the transferring party shall include the difference between the actual cost and the estimated cost in the reimbursement described in Subsection (5) ;

Section 10-2-817(3)(b)Verify source

§ 10-2-817(3)(b)(i)Subsection 10-2-817(3)(b)(i)Provision

Source excerpt

The receiving party must pay the estimated cost of preparing the inventory to the transferring party within 60 days after receiving the written estimate.

the receiving party shall pay the estimated cost of preparing the inventory to the transferring party no later than 60 days after the day that the receiving party receives the written estimate; or

Section 10-2-817(3)(b)(i)Verify source

§ 10-2-817(3)(b)(ii)Subsection 10-2-817(3)(b)(ii)Provision

Source excerpt

If the actual inventory-preparation cost differs from the estimate, the transferring party must include the difference in the reimbursement under Subsection (5).

if the actual cost of preparing the inventory differs from the estimated cost, the transferring party shall include the difference between the actual cost and the estimated cost in the reimbursement described in Subsection (5) ;

Section 10-2-817(3)(b)(ii)Verify source

§ 10-2-817(3)(c)Subsection 10-2-817(3)(c)Provision

Source excerpt

The transferring party must prepare and deliver the inventory to the receiving party, unless Subsection (3)(f) applies, and must do so no later than 180 days after receiving the payment specified in Subsection (3)(b).

except as provided in Subsection (3)(f) , the transferring party shall prepare, in accordance with Subsection (4) , and deliver the inventory to the receiving party no later than 180 days after the day that the transferring party receives the payment specified in Subsection (3)(b) ;

Section 10-2-817(3)(c)Verify source

§ 10-2-817(3)(d)Subsection 10-2-817(3)(d)Provision

Source excerpt

The parties may at any time agree to correct or update the inventory. If they cannot agree on an updated inventory, they must proceed with the facility transfer and reimbursement based on the inventory as submitted and resolve the dispute under Subsection (6).

at any time, the parties may by agreement correct or update the inventory; or if the parties are unable to reach an agreement on an updated inventory, they shall: proceed with the facility transfer and reimbursement based on the inventory as submitted in accordance with Subsection (3)(c) ; and resolve their dispute as provided in Subsection (6) ;

Section 10-2-817(3)(d)Verify source

§ 10-2-817(3)(d)(i)Subsection 10-2-817(3)(d)(i)Provision

Source excerpt

The parties may, by agreement, correct or update the inventory at any time.

at any time, the parties may by agreement correct or update the inventory; or

Section 10-2-817(3)(d)(i)Verify source

§ 10-2-817(3)(d)(ii)Subsection 10-2-817(3)(d)(ii)Provision

Source excerpt

If the parties cannot agree on an updated inventory, they must proceed with the facility transfer and reimbursement using the submitted inventory and resolve the dispute under Subsection (6).

if the parties are unable to reach an agreement on an updated inventory, they shall: proceed with the facility transfer and reimbursement based on the inventory as submitted in accordance with Subsection (3)(c) ; and resolve their dispute as provided in Subsection (6) ;

Section 10-2-817(3)(d)(ii)Verify source

§ 10-2-817(3)(d)(ii)(A)Subsection 10-2-817(3)(d)(ii)(A)Provision

Source excerpt

An unspecified party must proceed with the facility transfer and reimbursement based on the submitted inventory under Subsection (3)(c).

proceed with the facility transfer and reimbursement based on the inventory as submitted in accordance with Subsection (3)(c) ; and

Section 10-2-817(3)(d)(ii)(A)Verify source

§ 10-2-817(3)(d)(ii)(B)Subsection 10-2-817(3)(d)(ii)(B)Provision

Source excerpt

They must resolve their dispute as provided in Subsection (6).

resolve their dispute as provided in Subsection (6) ;

Section 10-2-817(3)(d)(ii)(B)Verify source

§ 10-2-817(3)(e)Subsection 10-2-817(3)(e)Provision

Source excerpt

The parties must complete each facility transfer and reimbursement, unless Subsection (3)(f) applies, no later than 180 days after the transferring party delivers the inventory to the receiving party.

except as provided in Subsection (3)(f) , the parties shall complete each facility transfer and reimbursement contemplated by this Subsection (3) no later than 180 days after the date that the transferring party delivers the inventory to the receiving party in accordance with Subsection (3)(c) ; and

Section 10-2-817(3)(e)Verify source

§ 10-2-817(3)(f)Subsection 10-2-817(3)(f)Provision

Source excerpt

The periods in Subsections (3)(c) and (e) may be extended by agreement of the parties, for up to 90 additional days.

the periods specified in Subsections (3)(c) and (e) may be extended for up to an additional 90 days by agreement of the parties.

Section 10-2-817(3)(f)Verify source

§ 10-2-817(4)Subsection 10-2-817(4)Provision

Source excerpt

A transferring party’s inventory must list each facility to be transferred and the reimbursement amount, and it may not list a facility that has been out of service for at least 36 consecutive months before the inventory date unless that shutdown resulted from the receiving party’s action.

The inventory prepared by a transferring party in accordance with Subsection (3)(c) shall include an identification of each facility to be transferred and the amount of reimbursement as provided in Subsection (5) . The transferring party may not include in the inventory a facility that the transferring party removed from service for at least 36 consecutive months prior to the date of the inventory, unless the facility was taken out of service as a result of an action by the receiving party.

Section 10-2-817(4)Verify source

§ 10-2-817(4)(a)Subsection 10-2-817(4)(a)Provision

Source excerpt

A transferring party’s inventory must identify each facility to be transferred and the reimbursement amount under Subsection (5).

Section 10-2-817(4)(a)Verify source

§ 10-2-817(4)(b)Subsection 10-2-817(4)(b)Provision

Source excerpt

The transferring party may not include certain long-idled facilities in the inventory, unless the shutdown was caused by an action of the receiving party.

The transferring party may not include in the inventory a facility that the transferring party removed from service for at least 36 consecutive months prior to the date of the inventory, unless the facility was taken out of service as a result of an action by the receiving party.

Section 10-2-817(4)(b)Verify source

§ 10-2-817(5)Subsection 10-2-817(5)Provision

Source excerpt

Unless otherwise agreed by the parties, the reimbursement for the transfer of each facility shall include: the cost of preparing the inventory as provided in Subsection (3)(b) ; subject to Subsection (5)(b)(i) , the value of each transferred facility calculated by the current replacement cost of the facility less depreciation based on facility age; the cost incurred by the transferring party for: the physical separation of each facility from its system, including the cost of any facility constructed or installed that is necessary for the transferring party to continue to provide reliable electric service to its remaining customers; administrative, engineering, and record keeping expenses incurred by the transferring party for the transfer of each facility to the receiving party, including any difference between the actual cost of preparing the inventory and the estimated cost of preparing the inventory; and reimbursement for any tax consequences to the transferring party resulting from each facility transfer; the value of each lost or stranded facility of the transferring party based on the valuation formula described in Subsection (5)(a)(ii) or as otherwise agreed by the parties; the diminished value of each transferring party facility that will not be transferred based on the percentage of the facility that will no longer be used as a result of the facility transfer; and the transferring party's book value of a right-of-way or easement transferred with each facility. The receiving party may review the estimation of the current replacement costs of each facility, including the wage rates, material costs, overhead assumptions, and other pricing used to establish the estimation of the current replacement costs of the facility. Prior to reviewing the estimation, the receiving party shall enter into a nondisclosure agreement acceptable to the transferring party. The nondisclosure agreement shall restrict the use of the information provided by the transferring party solely for the purpose of reviewing the estimation of the current replacement cost and preserve the confidentiality of the information to prevent any effect on a competitive bid received by either party. If the age of a facility may be readily determined by the transferring party, the transferring party shall use that age to determine the facility's depreciation. If the age of a facility cannot be readily determined, the transferring party shall estimate the age of the facility based on the average remaining life approved for the same type of facility in the most current depreciation rates set by the commission or other governing regulatory authority for the electrical corporation. A transferring party that transfers a facility in accordance with this section shall, upon delivery of a document conveying title to the receiving party, transfer the facility without any express or implied warranties. A receiving party that receives a facility in accordance with this section shall, upon receipt of a document conveying title, accept the facility in its existing condition and assume any and all liability, fault, risk, or potential loss arising from or related to the facility. Notwithstanding Subsection (5)(c)(i) , if, within six months after the date that any oil filled equipment is transferred, the receiving party discovers that a transferred oil filled equipment contains polychlorinated biphenyl, the transferring party shall reimburse the receiving party for the cost of testing and disposal of that oil filled equipment.

Section 10-2-817(5)Verify source

§ 10-2-817(5)(a)Subsection 10-2-817(5)(a)Provision

Source excerpt

Section 10-2-817(5)(a)Verify source

§ 10-2-817(5)(a)(i)Subsection 10-2-817(5)(a)(i)Provision

Source excerpt

the cost of preparing the inventory as provided in Subsection (3)(b) ;

Section 10-2-817(5)(a)(i)Verify source

§ 10-2-817(5)(a)(ii)Subsection 10-2-817(5)(a)(ii)Provision

Source excerpt

The value of each transferred facility is calculated as current replacement cost minus depreciation based on facility age, subject to Subsection (5)(b)(i).

subject to Subsection (5)(b)(i) , the value of each transferred facility calculated by the current replacement cost of the facility less depreciation based on facility age;

Section 10-2-817(5)(a)(ii)Verify source

§ 10-2-817(5)(a)(iii)Subsection 10-2-817(5)(a)(iii)Provision

Source excerpt

the cost incurred by the transferring party for: the physical separation of each facility from its system, including the cost of any facility constructed or installed that is necessary for the transferring party to continue to provide reliable electric service to its remaining customers; administrative, engineering, and record keeping expenses incurred by the transferring party for the transfer of each facility to the receiving party, including any difference between the actual cost of preparing the inventory and the estimated cost of preparing the inventory; and reimbursement for any tax consequences to the transferring party resulting from each facility transfer;

Section 10-2-817(5)(a)(iii)Verify source

§ 10-2-817(5)(a)(iii)(A)Subsection 10-2-817(5)(a)(iii)(A)Provision

Source excerpt

the physical separation of each facility from its system, including the cost of any facility constructed or installed that is necessary for the transferring party to continue to provide reliable electric service to its remaining customers;

Section 10-2-817(5)(a)(iii)(A)Verify source

§ 10-2-817(5)(a)(iii)(B)Subsection 10-2-817(5)(a)(iii)(B)Provision

Source excerpt

administrative, engineering, and record keeping expenses incurred by the transferring party for the transfer of each facility to the receiving party, including any difference between the actual cost of preparing the inventory and the

Section 10-2-817(5)(a)(iii)(B)Verify source

§ 10-2-817(5)(a)(iii)(C)Subsection 10-2-817(5)(a)(iii)(C)Provision

Source excerpt

reimbursement for any tax consequences to the transferring party resulting from each facility transfer;

Section 10-2-817(5)(a)(iii)(C)Verify source

§ 10-2-817(5)(a)(iv)Subsection 10-2-817(5)(a)(iv)Provision

Source excerpt

the value of each lost or stranded facility of the transferring party based on the valuation formula described in Subsection (5)(a)(ii) or as otherwise agreed by the parties;

Section 10-2-817(5)(a)(iv)Verify source

§ 10-2-817(5)(a)(v)Subsection 10-2-817(5)(a)(v)Provision

Source excerpt

Mentions the diminished value of each transferring party facility not transferred, based on the percentage of the facility no longer used after the transfer.

the diminished value of each transferring party facility that will not be transferred based on the percentage of the facility that will no longer be used as a result of the facility transfer; and

Section 10-2-817(5)(a)(v)Verify source

§ 10-2-817(5)(a)(vi)Subsection 10-2-817(5)(a)(vi)Provision

Source excerpt

the transferring party's book value of a right-of-way or easement transferred with each facility.

Section 10-2-817(5)(a)(vi)Verify source

§ 10-2-817(5)(b)Subsection 10-2-817(5)(b)Provision

Source excerpt

The receiving party may review current replacement-cost estimates, but must first sign a nondisclosure agreement acceptable to the transferring party.

The receiving party may review the estimation of the current replacement costs of each facility, including the wage rates, material costs, overhead assumptions, and other pricing used to establish the estimation of the current replacement costs of the facility. Prior to reviewing the estimation, the receiving party shall enter into a nondisclosure agreement acceptable to the transferring party. The nondisclosure agreement shall restrict the use of the information provided by the transferring party solely for the purpose of reviewing the estimation of the current replacement cost and preserve the confidentiality of the information to prevent any effect on a competitive bid received by either party. If the age of a facility may be readily determined by the transferring party, the transferring party shall use that age to determine the facility's depreciation. If the age of a facility cannot be readily determined, the transferring party shall estimate the age of the facility based on the average remaining life approved for the same type of facility in the most current depreciation rates set by the commission or other governing regulatory authority for the electrical corporation.

Section 10-2-817(5)(b)Verify source

§ 10-2-817(5)(b)(i)Subsection 10-2-817(5)(b)(i)Provision

Source excerpt

Section 10-2-817(5)(b)(i)Verify source

§ 10-2-817(5)(b)(i)(A)Subsection 10-2-817(5)(b)(i)(A)Provision

Source excerpt

The receiving party may review the estimate of current replacement costs for each facility.

Section 10-2-817(5)(b)(i)(A)Verify source

§ 10-2-817(5)(b)(i)(B)Subsection 10-2-817(5)(b)(i)(B)Provision

Source excerpt

Before reviewing the estimation, the receiving party must sign a nondisclosure agreement acceptable to the transferring party.

Prior to reviewing the estimation, the receiving party shall enter into a nondisclosure agreement acceptable to the transferring party.

Section 10-2-817(5)(b)(i)(B)Verify source

§ 10-2-817(5)(b)(i)(C)Subsection 10-2-817(5)(b)(i)(C)Provision

Source excerpt

The nondisclosure agreement shall restrict the use of the information provided by the transferring party solely for the purpose of reviewing the estimation of the current replacement cost and preserve the confidentiality of the information

Section 10-2-817(5)(b)(i)(C)Verify source

§ 10-2-817(5)(b)(ii)Subsection 10-2-817(5)(b)(ii)Provision

Source excerpt

The transferring party must use a readily determined facility age to calculate depreciation, and if the age cannot be readily determined, must estimate it using approved average remaining life data.

If the age of a facility may be readily determined by the transferring party, the transferring party shall use that age to determine the facility's depreciation. If the age of a facility cannot be readily determined, the transferring party shall estimate the age of the facility based on the average remaining life approved for the same type of facility in the most current depreciation rates set by the commission or other governing regulatory authority for the electrical corporation.

Section 10-2-817(5)(b)(ii)Verify source

§ 10-2-817(5)(b)(ii)(A)Subsection 10-2-817(5)(b)(ii)(A)Provision

Source excerpt

If the transferring party can readily determine a facility’s age, it must use that age to calculate depreciation.

If the age of a facility may be readily determined by the transferring party, the transferring party shall use that age to determine the facility's depreciation.

Section 10-2-817(5)(b)(ii)(A)Verify source

§ 10-2-817(5)(b)(ii)(B)Subsection 10-2-817(5)(b)(ii)(B)Provision

Source excerpt

If a facility’s age cannot be readily determined, the transferring party must estimate it using the approved average remaining life for the same type of facility from the most current depreciation rates.

If the age of a facility cannot be readily determined, the transferring party shall estimate the age of the facility based on the average remaining life approved for the same type of facility in the most current depreciation rates set by the commission or other governing regulatory authority for the electrical corporation.

Section 10-2-817(5)(b)(ii)(B)Verify source

§ 10-2-817(5)(c)Subsection 10-2-817(5)(c)Provision

Source excerpt

A transferring party must transfer the facility without warranties, and the receiving party must accept the facility as-is and assume related liability.

A transferring party that transfers a facility in accordance with this section shall, upon delivery of a document conveying title to the receiving party, transfer the facility without any express or implied warranties. A receiving party that receives a facility in accordance with this section shall, upon receipt of a document conveying title, accept the facility in its existing condition and assume any and all liability, fault, risk, or potential loss arising from or related to the facility. Notwithstanding Subsection (5)(c)(i) , if, within six months after the date that any oil filled equipment is transferred, the receiving party discovers that a transferred oil filled equipment contains polychlorinated biphenyl, the transferring party shall reimburse the receiving party for the cost of testing and disposal of that oil filled equipment.

Section 10-2-817(5)(c)Verify source

§ 10-2-817(5)(c)(i)Subsection 10-2-817(5)(c)(i)Provision

Source excerpt

A transferring party must transfer a facility without express or implied warranties when it delivers a title document to the receiving party, and the receiving party must accept the facility as-is and assume related liability, fault, risk, or loss.

Section 10-2-817(5)(c)(i)Verify source

§ 10-2-817(5)(c)(i)(A)Subsection 10-2-817(5)(c)(i)(A)Provision

Source excerpt

A transferring party must transfer the facility without express or implied warranties when it transfers the facility in accordance with this section and a title document is delivered to the receiving party.

Section 10-2-817(5)(c)(i)(A)Verify source

§ 10-2-817(5)(c)(i)(B)Subsection 10-2-817(5)(c)(i)(B)Provision

Source excerpt

A receiving party must accept the facility in its existing condition when it receives title to the facility.

A receiving party that receives a facility in accordance with this section shall, upon receipt of a document conveying title, accept the facility in its existing condition and assume any and all liability, fault, risk, or potential loss arising from or related to the facility.

Section 10-2-817(5)(c)(i)(B)Verify source

§ 10-2-817(5)(c)(ii)Subsection 10-2-817(5)(c)(ii)Provision

Source excerpt

If, within six months after an oil-filled equipment transfer, the receiving party discovers polychlorinated biphenyl in the equipment, the transferring party must reimburse the receiving party for testing and disposal costs.

Notwithstanding Subsection (5)(c)(i) , if, within six months after the date that any oil filled equipment is transferred, the receiving party discovers that a transferred oil filled equipment contains polychlorinated biphenyl, the transferring party shall reimburse the receiving party for the cost of testing and disposal of that oil filled equipment.

Section 10-2-817(5)(c)(ii)Verify source

§ 10-2-817(6)Subsection 10-2-817(6)Provision

Source excerpt

If the parties cannot agree on what facilities to transfer or the reimbursement amount, they must proceed with transfer/reimbursement as submitted, use mediation or arbitration, and share those costs equally; if that fails, either party may go to state court.

If the parties cannot agree on each facility to be transferred or the respective reimbursement amount, the parties shall: proceed with the facility transfer and the reimbursement based on the inventory as submitted by the transferring party in accordance with Subsection (3)(c) and in accordance with the schedule provided in Subsection (3)(e) ; and submit the dispute for mediation or arbitration. The parties shall share equally in the costs of mediation or arbitration. If the parties are unable to resolve the dispute through mediation or arbitration, either party may bring an action in the state court of jurisdiction. The arbitrator, or state court if the parties cannot agree on arbitration, shall determine each facility to be transferred and the amount to be reimbursed in accordance with Subsection (5) . If the arbitrator or state court determines that: a transferring party transferred a facility that should not have been transferred, the receiving party shall return the facility; a party did not transfer a facility that should have been transferred, the party that should have transferred the facility shall transfer the facility to the party to whom the facility should have been transferred; the amount reimbursed by the receiving party is insufficient, the receiving party shall pay the difference to the transferring party; or the amount reimbursed by the receiving party is more than the amount that should have been reimbursed, the transferring party shall pay the difference to the receiving party.

Section 10-2-817(6)Verify source

§ 10-2-817(6)(a)Subsection 10-2-817(6)(a)Provision

Source excerpt

If the parties cannot agree, they must proceed with the facility transfer and reimbursement using the transferring party’s inventory and the stated schedule, and submit the dispute to mediation or arbitration.

Section 10-2-817(6)(a)Verify source

§ 10-2-817(6)(a)(i)Subsection 10-2-817(6)(a)(i)Provision

Source excerpt

Proceed with the facility transfer and reimbursement based on the submitted inventory, following Subsection (3)(c) and the schedule in Subsection (3)(e).

proceed with the facility transfer and the reimbursement based on the inventory as submitted by the transferring party in accordance with Subsection (3)(c) and in accordance with the schedule provided in Subsection (3)(e) ; and

Section 10-2-817(6)(a)(i)Verify source

§ 10-2-817(6)(a)(ii)Subsection 10-2-817(6)(a)(ii)Provision

Source excerpt

submit the dispute for mediation or arbitration.

Section 10-2-817(6)(a)(ii)Verify source

§ 10-2-817(6)(b)Subsection 10-2-817(6)(b)Provision

Source excerpt

The parties must share equally the costs of mediation or arbitration.

The parties shall share equally in the costs of mediation or arbitration.

Section 10-2-817(6)(b)Verify source

§ 10-2-817(6)(c)Subsection 10-2-817(6)(c)Provision

Source excerpt

If mediation or arbitration does not resolve the dispute, either party may bring an action in state court.

If the parties are unable to resolve the dispute through mediation or arbitration, either party may bring an action in the state court of jurisdiction.

Section 10-2-817(6)(c)Verify source

§ 10-2-817(6)(d)Subsection 10-2-817(6)(d)Provision

Source excerpt

The arbitrator, or state court if the parties cannot agree on arbitration, shall determine each facility to be transferred and the amount to be reimbursed in accordance with Subsection (5) .

Section 10-2-817(6)(d)Verify source

§ 10-2-817(6)(e)Subsection 10-2-817(6)(e)Provision

Source excerpt

If an arbitrator or state court makes certain findings, the receiving party or transferring party must return the facility, complete the transfer, or pay the difference depending on the reimbursement result.

If the arbitrator or state court determines that: a transferring party transferred a facility that should not have been transferred, the receiving party shall return the facility; a party did not transfer a facility that should have been transferred, the party that should have transferred the facility shall transfer the facility to the party to whom the facility should have been transferred; the amount reimbursed by the receiving party is insufficient, the receiving party shall pay the difference to the transferring party; or the amount reimbursed by the receiving party is more than the amount that should have been reimbursed, the transferring party shall pay the difference to the receiving party.

Section 10-2-817(6)(e)Verify source

§ 10-2-817(6)(e)(i)Subsection 10-2-817(6)(e)(i)Provision

Source excerpt

If a facility was transferred when it should not have been, the receiving party must return it.

a transferring party transferred a facility that should not have been transferred, the receiving party shall return the facility;

Section 10-2-817(6)(e)(i)Verify source

§ 10-2-817(6)(e)(ii)Subsection 10-2-817(6)(e)(ii)Provision

Source excerpt

If a party failed to transfer a facility when it should have, that party must transfer the facility to the party who should have received it.

a party did not transfer a facility that should have been transferred, the party that should have transferred the facility shall transfer the facility to the party to whom the facility should have been transferred;

Section 10-2-817(6)(e)(ii)Verify source

§ 10-2-817(6)(e)(iii)Subsection 10-2-817(6)(e)(iii)Provision

Source excerpt

If the reimbursed amount is insufficient, the receiving party must pay the difference to the transferring party.

the amount reimbursed by the receiving party is insufficient, the receiving party shall pay the difference to the transferring party; or

Section 10-2-817(6)(e)(iii)Verify source

§ 10-2-817(6)(e)(iv)Subsection 10-2-817(6)(e)(iv)Provision

Source excerpt

If the receiving party was reimbursed too much, the transferring party must pay the difference.

the amount reimbursed by the receiving party is more than the amount that should have been reimbursed, the transferring party shall pay the difference to the receiving party.

Section 10-2-817(6)(e)(iv)Verify source

§ 10-2-817(7)Subsection 10-2-817(7)Provision

Source excerpt

A party must transfer the facility and pay the required amount within set deadlines after the arbitrator or court determines the matter, unless the parties agree otherwise in writing.

Unless otherwise agreed upon in writing by the parties: a party shall transfer a facility to be transferred in accordance with Subsection (6)(e) no later than 60 days after the day that the arbitrator or court issues a determination unless the parties mutually agree to a longer time to complete the transfer; and a party shall: pay an amount required to be paid in accordance with Subsection (6)(e) no later than 30 days after the day that the arbitrator or court issues a determination; and include interest in the payment at the overall rate of return on the rate base most recently authorized by the commission or other governing regulatory agency for the electrical corporation from the date the reimbursement was originally paid until the difference is paid.

Section 10-2-817(7)Verify source

§ 10-2-817(7)(a)Subsection 10-2-817(7)(a)Provision

Source excerpt

A party must transfer the facility under Subsection (6)(e) within 60 days after the arbitrator or court issues a determination, unless the parties agree to more time.

a party shall transfer a facility to be transferred in accordance with Subsection (6)(e) no later than 60 days after the day that the arbitrator or court issues a determination unless the parties mutually agree to a longer time to complete the transfer; and

Section 10-2-817(7)(a)Verify source

§ 10-2-817(7)(b)Subsection 10-2-817(7)(b)Provision

Source excerpt

A party must pay the required amount within 30 days after the arbitrator or court issues a determination, and must include interest in that payment at the specified rate.

a party shall: pay an amount required to be paid in accordance with Subsection (6)(e) no later than 30 days after the day that the arbitrator or court issues a determination; and include interest in the payment at the overall rate of return on the rate base most recently authorized by the commission or other governing regulatory agency for the electrical corporation from the date the reimbursement was originally paid until the difference is paid.

Section 10-2-817(7)(b)Verify source

§ 10-2-817(7)(b)(i)Subsection 10-2-817(7)(b)(i)Provision

Source excerpt

A person must pay the amount required under Subsection (6)(e) within 30 days after the arbitrator or court issues a determination.

pay an amount required to be paid in accordance with Subsection (6)(e) no later than 30 days after the day that the arbitrator or court issues a determination; and

Section 10-2-817(7)(b)(i)Verify source

§ 10-2-817(7)(b)(ii)Subsection 10-2-817(7)(b)(ii)Provision

Source excerpt

include interest in the payment at the overall rate of return on the rate base most recently authorized by the commission or other governing regulatory agency for the electrical corporation from the date the reimbursement was originally

Section 10-2-817(7)(b)(ii)Verify source

§ 10-2-817(8)Subsection 10-2-817(8)Provision

Source excerpt

A party described in this section cannot receive certain categories of damages, including indirect, incidental, punitive, exemplary, consequential damages, lost profits, and other business interruption damages, notwithstanding Subsection (8)(a).

Nothing in this section limits the availability of other damages under law arising by virtue of an agreement between the municipality and the electrical corporation. Notwithstanding Subsection (8)(a) , a party described in this section is not entitled to an award for: damages that are indirect, incidental, punitive, exemplary, or consequential; lost profits; or other business interruption damages.

Section 10-2-817(8)Verify source

§ 10-2-817(8)(a)Subsection 10-2-817(8)(a)Provision

Source excerpt

This section does not limit other damages under law that arise from an agreement between the municipality and the electrical corporation.

Nothing in this section limits the availability of other damages under law arising by virtue of an agreement between the municipality and the electrical corporation.

Section 10-2-817(8)(a)Verify source

§ 10-2-817(8)(b)Subsection 10-2-817(8)(b)Provision

Source excerpt

A party described in this section cannot get an award for indirect, incidental, punitive, exemplary, or consequential damages, lost profits, or other business interruption damages.

Notwithstanding Subsection (8)(a) , a party described in this section is not entitled to an award for: damages that are indirect, incidental, punitive, exemplary, or consequential; lost profits; or other business interruption damages.

Section 10-2-817(8)(b)Verify source

§ 10-2-817(8)(b)(i)Subsection 10-2-817(8)(b)(i)Provision

Source excerpt

damages that are indirect, incidental, punitive, exemplary, or consequential;

Section 10-2-817(8)(b)(i)Verify source

§ 10-2-817(8)(b)(ii)Subsection 10-2-817(8)(b)(ii)Provision

Source excerpt

lost profits; or

Section 10-2-817(8)(b)(ii)Verify source

§ 10-2-817(8)(b)(iii)Subsection 10-2-817(8)(b)(iii)Provision

Source excerpt

other business interruption damages.

Section 10-2-817(8)(b)(iii)Verify source

§ 10-2-817(9)Subsection 10-2-817(9)Commencement

Source excerpt

This provision says the section and specified related sections do not apply to certain facility transfers from an electrical corporation to a municipality when the municipality is starting electric service for a customer already served by the electrical corporation inside the municipal boundary.

Nothing in this section or Section 10-8-14 , 54-3-30 , or 54-3-31 applies to a transfer of facilities from an electrical corporation to a municipality in accordance with a decision by a municipality that did not previously provide electric service and seeks to commence providing electric service to a customer currently served by an electrical corporation within the municipal boundary.

Section 10-2-817(9)Verify source

§ 10-2-817(10)Subsection 10-2-817(10)Provision

Source excerpt

This section applies to any annexation under this part.

The provisions of this section apply to any annexation under this part.

Section 10-2-817(10)Verify source

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Utah Code § 10-2-817

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